Your View: President's approach to legislation deserves no respect

It has been quite troubling to hear President Obama state that he has a "pen and a phone" and will take his own action on things needed to be done if Congress does not act. He has basically said to this body of lawmakers that, "If you don't pass the kind of legislation I want, then I will go around you and get it done either through executive action or through executive orders."

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By Steve DiMarzo Jr.

southcoasttoday.com

By Steve DiMarzo Jr.

Posted Feb. 11, 2014 at 12:01 AM

By Steve DiMarzo Jr.

Posted Feb. 11, 2014 at 12:01 AM

» Social News

It has been quite troubling to hear President Obama state that he has a "pen and a phone" and will take his own action on things needed to be done if Congress does not act. He has basically said to this body of lawmakers that, "If you don't pass the kind of legislation I want, then I will go around you and get it done either through executive action or through executive orders."

What is even more troubling is that in his previous issuance of executive orders, instead of using them to define a current law that has just been passed or make clear the essence of the law passed by Congress, he is using his executive power to write new law, which is the sole responsibility of the legislative branch, the two houses of Congress. If you think about that for a moment, as it concerns his signature piece of legislation, the Patient Protection and Affordable Care Act (Obamacare), President Obama has through these executive orders and actions actually chosen either to enforce or not to enforce certain principles or aspects of the law without going through Congress to get the needed authority. This is lawlessness at its worst, and yet some believe him to be the greatest president of all time. You cannot change a federal law based on your own desires to make changes as you see fit in an attempt to make it more appealing, or more special, or more favorable to certain groups of people affected by the law itself when fully implemented, unless you get the approval of Congress with new legislation defining your new requests of the changes you desire.

An 18th century philosopher, Montesquieu, observed: There can be no liberty where the legislative and executive powers are united in the same person, or body of magistrates.

And according to Sen. Ted Cruz: "Unfortunately, today many in Congress — and many in the media — have chosen to give President Obama a pass on his pattern of lawlessness, perhaps letting partisan loyalty to the man supersede their fidelity, their adherence, to the law."

Of course, this is not the only time he has used this lawlessness of his to change established law. He has done it with federal immigration laws by instructing the Justice Department to cease enforcing them.

He has also done the same thing with federal welfare law, drug laws and with the federal Defense of Marriage Act. The president has deliberately gone around Congress to change aspects of these Federal Laws just because he did not like what was in them or what they did to those affected. That act alone is unconstitutional.

As Montesquieu knew, an imperiled presidency threatens the liberty of every citizen. Because when a president can pick and choose which laws to follow and which to ignore, he is no longer a president. Mr. Obama, until you have a real respect for the Rule of Law, and we are a nation ruled by laws and not by men, then I and many other citizens of this great republic of ours here in these United States of America, have little respect for you.

You are not above the law, Mr. President, but have sworn an oath to "take care that the laws are faithfully executed.